Sponsor Monitoring Unit Response

A Sponsor Monitoring Unit site visits typically refers to an on-site inspection conducted by the Department of Home Affairs (DOHA). These visits are designed to ensure that businesses, sponsors, or individuals are complying with Australian immigration laws, particularly regarding the employment of foreign workers or compliance with visa conditions.

Purpose of the Visit

The main purposes are as follows:

• Checking if businesses sponsoring foreign workers are complying with sponsorship obligations.
• Ensuring visa holders are adhering to the conditions of their visas.
• Detecting any potential breaches of immigration law, such as the employment of unlawful workers.

The following entity or person are subject to visit:

• Businesses that sponsor skilled workers on temporary or permanent visas.
• Employers of workers on student visas, working holiday visas, and other temporary work visas.
• Visa holders themselves, in some cases, to ensure compliance with visa conditions.

What to Expect

The following may happen:

• Some visits may be unannounced, while others may come with prior notification.
• Officers may request access to business records such as payroll records, employment contracts and visa status checks.
• Immigration officers may interview employers, visa holders, and other employees to verify compliance with visa regulations.
• The visit may include observing the workplace environment to check if visa holders are performing tasks consistent with the conditions of their visa.

Preparation for Site Visit

In case of the announced site visit, you may do the following:

• Ensure all necessary documentation related to the sponsorship or employment of foreign workers is accurate, up-to-date, and readily available.
• Ensure all staff, especially those handling visa-related matters, are aware of their obligations under immigration law.
• Consider consulting with an immigration lawyer to ensure your business meets the necessary legal requirements.

Consequences of Non-Compliance

The following actions may be taken:

• Fines and penalties for both the business and the visa holder.
• Cancellation of sponsorship approval.
• Potential visa cancellation for the worker.
• Increased scrutiny or future site visits.
• Bar for making future applications for approved sponsor for a specified period of up to five years.
• Apply adverse information to the sponsor’s file or record. It may affect future applications for approved sponsor.

Response

In an announced, site visit, there may be enough time to prepare compliance. It may be an issue if it is an unannounced site visit. Therefore, it is always better to properly audit your record regularly so there is surprise.

In a scenario where DOHA had reason to believe that you have failed to satisfy a sponsorship obligation, you may present evidence that demonstrates you complied with the sponsorship obligation. Alternatively, if you accept you did not comply with a sponsorship obligation, you may outline the steps you have taken to rectify the failure to satisfy the sponsorship obligation and the process or processes you have implemented to ensure future compliance with the sponsorship obligation.